North Carolina North Carolina

Licensing Standards for DayCare Centers


SECTION .0600 RULEMAKING: CHILD DAY CARE COMMISSION

.0601 PETITIONS FOR RULEMAKING

(a) Any person wishing to request the adoption, amendment, or repeal of a rule made by the Child Day Care Commission(hereinafter referred to as the Commission) shall make the request in a written petition to:

Administrative Procedures Coordinator

Division of Facility Services

701 Barbour Drive

Raleigh, North Carolina 27603

(b) The petition shall contain either a draft of the proposed rule or a summary of its contents, the reasons for the proposal, and the name and address of the petitioner. The petition shall also include any of the following items known to the petitioner:

(1) the statutory authority for the Commission to promulgate the rule; (2) the effect on existing rules; (3) any data supporting the proposal; (4) the effect of the proposed rule on existing practices in the area involved, including cost factors; and (5) the names and addresses of those most likely to be affected by the proposed rule. (c) The division director or designee shall present the petition, plus any additional information or recommendations deemed relevant, to the Commission to determine whether the public interest will be served by granting the petition. (d) The Commission shall render a decision as to whether to deny or approve the petition at its next scheduled meeting, which may be no later than 120 days after submission of the petition. If the decision is to deny the petition, the division director or designee shall notify the petitioner in writing, stating the reasons for the denial. If the decision is to approve the petition, the Commission shall initiate a rulemaking proceeding by issuing a rulemaking notice, as provided in these rules.

History Note: Statutory Authority G.S. 143B-168.3; 150B-16;

Eff. November 1, 1989.

.0602 RULEMAKING PROCEDURES

(a) The rulemaking procedures for the Secretary of the Department of Human Resources codified in 10 NCAC 1B .0102 through .0107 are hereby adopted by reference pursuant to G.S. 150B-14(c) to apply to the actions of the Commission, with the following modifications:

(1) Correspondence related to the Commission's rulemaking actions shall be submitted to:

Administrative Procedures Coordinator

Division of Facility Services

701 Barbour Drive

Raleigh, North Carolina 27603

(2) The "secretary's designee" shall mean the Director of the Division of Facility Services(hereinafter referred to as the Division).

(3) "The Division" shall be substituted for the "Office of Legislative and Legal Affairs" in 10 NCAC 1B .0106 and .0107.

(4) "Hearing officer" shall mean the Chairman of the Child Day Care Commission or designee.

(b) Copies of 10 NCAC 1B .0102 -.0107 may be inspected in the Division at the address given in Subparagraph(a)(1) of this Rule. Copies may be obtained from the Office of Administrative Hearings, 424 North Blount Street, Raleigh, North Carolina 27601.

History Note: Statutory Authority G.S.143B-168.3; 150B-11; 150B-14;

Eff. November 1, 1989.

.0603 DECLARATORY RULINGS

(a) The Commission shall have the power to make declaratory rulings. All requests for declaratory rulings shall be by written petition and shall be submitted to:

Child Day Care Section

Division of Facility Services

70l Barbour Drive

Raleigh, North Carolina 27603

(b) Every request for a declaratory ruling must include the following information:

(1) the name and address of the petitioner;

(2) the statute or rule to which the petition relates;

(3) a concise statement of the manner in which the petitioner is aggrieved by the rule or statute or its potential application to him or her; and

(4) the consequences of a failure to issue a declaratory ruling.

(c) Where a declaratory ruling is deemed to be in the public interest, the Commission shall issue the ruling within 60 days of the receipt of the petition.

(d) A declaratory ruling procedure may consist of written submissions, oral hearings, or such other procedure as may be deemed appropriate, in the discretion of the Commission, in the particular case.

(e) The Commission may issue notice to persons who might be affected by the ruling that written comments may be submitted or oral presentations received at a scheduled hearing.

(f) A record of all declaratory ruling proceedings shall be maintained by the Division and shall be available for public inspection during regular business hours. This record shall contain:

(1) the original request;

(2) the reasons for refusing to issue a ruling;

(3) all written memoranda and information submitted;

(4) any written minutes or audio tape or other record of the oral hearing, and

(5) a statement of the ruling.

History Note: Statutory Authority G.S. 143B-168.3; 150B-11; 150B-17;

Eff. November 1, 1989.


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